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Privacy Policy - LoudCloud Systems Inc.

Last updated June 01, 2018

This Online Privacy Policy describes the information practices of BNED LoudCloud, LLC ("LoudCloud") with respect to the publically available websites and mobile applications operated by LoudCloud, which are related to the learning management and analytics services that LoudCloud provides (collectively, the "Sites"). The Online Privacy Policy does not apply to sites operated in connection with LoudCloud products and services, which are subject to the privacy policies posted on such sites.

Information LoudCloud Collects About You

Information You Provide to Us

LoudCloud may collect information, including personal information, directly from you when you visit the Sites. For example, we collect information from you when you create a user account, make purchases, subscribe to receive emails or notifications, or otherwise communicate with us through the Sites. "Personal Information" is information that identifies you specifically, and the types of Personal Information we collect may include your name, billing address, zip code, email address and phone number.

Information Collected Automatically

Certain information about you may be collected automatically when you access or use the Sites. This information may include IP address, browser and device type, operating system characteristics, information about your use of the Sites, data regarding your geographic location, and data regarding network-connected hardware (such as device or session ID, functionality, performance data). This information also may include clickstream data, which illustrates the page-by-page path(s) you take as you browse the Sites.

Cookies and Tracking GIFs. We may use "cookies" to collect information about you when you visit the Sites. Cookies are small text files placed on visitors' computers/devices to store information about their activities on the Sites, such as their user preferences.

Most web browsers are set to automatically accept cookies, but many provide options to allow you to stop accepting new cookies or to disable existing cookies. Please be aware that if you disable the cookies on your computer you may not be able to use certain features of the Sites, and disabling cookies may invalidate opt-outs that rely on cookies to function.

It is possible that third parties may collect information about your online activities over time and across different websites and devices when you use the Sites. Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. Like many websites, the Sites currently are not designed to respond to "Do Not Track" signals from visitors' browsers. To learn more about "Do Not Track" you may wish to visit this site.

LoudCloud's Use of Your Personal Information

We may use information we obtain about you for various purposes, including to:

contact you regarding your use of the Sites or, in our discretion, changes to our policies

communicate with you and send you information by email, postal mail, telephone, push notifications through our mobile applications, or other means about products, services, contests, and promotions, unless you have directed us not to contact you with promotional communications

perform and carry out our obligations under our agreements with colleges and universities and other third parties to provide services

prevent, investigate, and deal with fraud, violations of intellectual property rights, and other laws, as well as unauthorized use of the Sites or of your account

comply with legal requirements, industry standards, and our policies

maintain and improve the Sites and to develop new content and products

monitor and analyze trends, usage, and activities of visitors to the Sites

as otherwise reasonable and appropriate to the legitimate business needs of LoudCloud related to the Sites

In addition, we and/or our third-party service providers may combine information we obtain about you through your use of the Sites so that LoudCloud can more effectively deliver content.

How We May Share Your Information

We may share your Personal Information with our affiliates (such as parent companies, subsidiaries, or other companies within our corporate family), and with our independent contractor agents, vendors, consultants, and other service providers to carry out work on our behalf related to the learning management and analytics services that we provide, or to assist us in providing learning management and analytics services or information to you. We may also share your Personal Information with the college and universities to which we provide learning management and analytics services.

We also may share information about you for the following purposes:

Disclosures as required by law or to prevent harm. We may disclose IP addresses, mobile device identifiers, or any other information we collect to identify users, in our discretion and without notice to you, for purposes of cooperating with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies.

In the event of corporate sale or merger. LoudCloud may share information with third parties (such as purchasers, potential purchasers and their advisers) if LoudCloud or a portion of its assets is sold or offered for sale. We reserve the right to transfer any information we obtain about you through the Sites in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, reorganization, or liquidation).

Data Analytics. LoudCloud uses third-party web analytics services on the Sites, such as Google Analytics. These analytics services may collect information about your activities on the Sites to help us analyze how visitors use the Sites. To learn more about how Google may use information collected through the Sites, click here. To learn more about opting out of data collection through Google Analytics, click here.

Public Forums

Some of the Sites may, from time to time, feature chat rooms, message boards, news groups, and/or other public forums available to users. Any information that is disclosed in these areas may be visible to the public. You should exercise caution accordingly, and avoid disclosing Personal Information or other details that you do not want made public.

Children’s Privacy

The Sites are not intended for children, and are not targeted to children under the age of sixteen (16). We do not knowingly collect Personal Information from children under the age of 16 and if we learn that we have received information from a user under the age of 16, we will delete this information in accordance with applicable law.

Security

LoudCloud takes information security seriously and has taken reasonable measures to protect the Personal Information it collects by establishing appropriate administrative, technical, and physical safeguards to protect and prevent unauthorized access or other unintended disclosures.

Please be aware that submitting information over the Internet is inherently insecure and, accordingly, despite its reasonable efforts, LoudCloud cannot guarantee that unauthorized access or disclosure will never occur.

Links to Other Websites

The Sites may contain hyperlinks to other websites for your convenience and information. Those websites may be operated by entities not affiliated with LoudCloud, and may have their own privacy policies or notices, which we strongly suggest you review. LoudCloud is not responsible for the content or use of any linked websites that are not affiliated with LoudCloud.

Your Choices

You may opt out of being contacted by us. Depending on the nature of the Personal Information collection, you may opt out of such contact by following the unsubscribe instructions on any emails sent to you to opt out of such communications. You also may request to opt out of these communications by contacting us using the "Contact Us" details at the end of this Privacy Policy.

You are responsible for maintaining the accuracy of the information you submit to us, such as the contact information you provide when you register with the Sites. You may use the account settings page to review, correct, or update Personal Information you have provided to us to register with the Sites or otherwise. You may also request that changes be made to your Personal Information by using the "Contact Us" details at the end of this Privacy Policy. We will make good faith efforts to effect requested changes in our then-active databases as soon as reasonably practicable, but we may retain prior information as business records.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We encourage you to review this Privacy Policy whenever you visit the Sites to stay informed about our information practices. This policy was last modified on May 25, 2018.

Information for Users Outside the United States

If you are visiting the Sites from outside the United States, please be aware that information we collect through the Sites will be transferred to and stored on our servers in the United States. By using the Sites, you acknowledge and consent to the transfer and processing of your Personal Information in the United States as described in this Privacy Policy. Please be aware that the data protection laws and regulations applicable to your Personal Information transferred to the United States may be different from the laws in your country of residence.

LoudCloud recognizes that the European Economic Area (EEA) has established strict protections regarding the handling of EEA personal data ("EEA Personal Data"), including requirements to provide adequate protection for EEA Personal Data transferred outside of the EEA. To provide adequate protection for certain EEA Personal Data about consumers received in the US, LoudCloud has elected to self-certify to the EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks administered by the US Department of Commerce ("Privacy Shield"). LoudCloud adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability with respect to EEA Personal Data that is transferred into the US pursuant to the Privacy Shield. For purposes of enforcing compliance with the Privacy Shield, LoudCloud is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review LoudCloud's representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.

Personal Data Collection and Use

This Privacy Policy describes the categories of EEA Personal Data that we may receive in the US as well as the purposes for which we use that EEA Personal Data. LoudCloud will only process EEA Personal Data in ways that are compatible with the purpose that LoudCloud collected it for, or for purposes the individual authorizes. Before we process your EEA Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will ensure that we have a legal basis for doing so. LoudCloud maintains reasonable procedures to help ensure that EEA Personal Data is reliable for its intended use, accurate, complete, and current.

Data Transfers to Third Parties

Third-Party Agents or Service Providers. We may transfer EEA Personal Data to our third-party agents or service providers who perform functions on our behalf as described above in our Privacy Policy. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EEA Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EEA Personal Data that we transfer to them.

Third-Party Data Controllers

In some cases we may transfer EEA Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your EEA Personal Data to third-party data controllers for the purposes described in our Website Privacy Policy. We will only provide your EEA Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive EEA Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for EEA Personal Data the Privacy Shield requires. We also limit their use of your EEA Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your EEA Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your EEA Personal Data is protected with the same level of protection the Privacy Shield requires.

Disclosures for National Security or Law Enforcement.

Under certain circumstances, we may be required to disclose your EEA Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Access Rights

You may have the right to access the EEA Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EEA Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints

In compliance with the Privacy Shield Principles, LoudCloud commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield inquiries or complaints should first contact LoudCloud at the email address found under the, "Contact Us," section at the end of this policy.

LoudCloud has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

Contact Us

If you have questions, comments, or requests regarding this Privacy Policy, please contact us by email at info@bnedloudcloud.com.

Terms & Conditions

About

The Terms of & Conditions of Service ("Terms") govern your access to, and the use of the services on the LoudCloud Systems Inc.âs ("LCS") website and applications (web, mobile or others) (the "Services"), and any information, data, text, graphics, music, sound, photographs, videos, messages, tags or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

We reserve the right to change or modify these Terms or any policy or guideline of the Services, at any time. Any changes or modification will be effective immediately upon posting of the revisions on our site and applications, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

The Content appearing on LCS website or application could include technical, typographical, or photographic errors. LCS does not warrant that any of the Content on its website or application is accurate, complete, or current. LCS may make changes to the Content contained on its website or application at any time without notice. LCS does not, however, make any commitment to update the Content. Your use of the Content will be at your sole risk and responsibility.

Copyright & Limited License

Unless otherwise indicated through our Services, site & application, all the Content on our site & application, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property or our licensors or users and are protected by copyright laws.

You are granted a limited, non-sub-licensable license to access and use the Services for your information, purely for non-commercial and personal use only. This is the grant of a license, not a transfer of title in any manner whatsoever, and under this license you are not entitled to:

Resell or use the Site Materials for any commercial purpose or for any public display (commercial or non-commercial);

Modify or otherwise make any derivative uses of our site and the Site Materials (or any portion thereof);

Use any data mining, robots or similar data gathering or extraction methods;

Remove any copyright or other proprietary notations from the materials;

Use our site for any immoral purpose and activity;

Use our site for any religious purpose whatsoever;

Use our site in a manner to cause hurt to the sentiment of people of any community or religion or country;

Upload or transmit any obscene or vulgar or religiously tainted photo, material or substance that may cause damage to our goodwill and reputation;

Use any of our site or the Site Materials other than for its intended purpose.

Any use of our site or the Site Materials other than as specifically authorized in these site Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Site Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time at our sole discretion. Any misuse of our site or Site Materials, in breach of the terms hereof, will entitle us not only to terminate the license with immediate effect but also to sue you for recovery of loss and damage caused thereby, apart from indemnification as contained herein below.

Indemnification

You unequivocally agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to:

your use of our site, the Site Materials, and/or our Services;

your conduct;

your violation of these site Terms or your violation of the rights of any third party; or

any User Content.

Disclaimer

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services provided to you is on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, LCS and its partners disclaim any warranties, expressed or implied, of merchantability, fitness for any purposes, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. LCS will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that LCS has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from LCS or through the Services, will create any warranty not expressly made herein.

Limitation of Liability

You acknowledge and agree that in no event shall LCS be liable to you or any third party for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to, loss of profits, data, usability, good-will, or other intangible losses resulting from:

Your access to, or use of, or inability to access or use LCS Services;

Any conduct or content of any third party on the services, including, but not limited to, any defamatory, offensive, or illegal conduct of other users or third parties;

Any content obtained from the Services; and

Unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract tort, (including negligence) or any other legal theory, even if LCS or any authorized representative of LCS, has promised so either verbally or in writing of the possibility of such damage.

Links

LCS has not reviewed all of the sites linked to its Internet web site or Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement at any level by LCS. Use of any such linked website or applications is at the user's own risk. We encourage you to read and be aware of the Terms of Service for such linked websites or applications which govern your access to, and the use of the websites or applications.

Governing Law

These Terms and any action related thereto will be governed by the laws of the United States of America without regard to or application of its conflict of law provisions or your state or country of residence and the Courts of Dallas, Texas shall have the sole and exclusive jurisdiction over all and any matter arising out of these Terms and any action related thereto. By accepting the Service you unequivocally agree and submit to the aforesaid jurisdiction to the exclusion of all other territorial jurisdictions. LCS will not be responsible for any costs borne by the plaintiff, for services including legal, paralegal, interest, or otherwise.

Member Conduct

You understand that all the Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not LCS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the LCS Services. LCS does not control all of the Content posted via the LCS Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the LCS Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LCS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the LCS Services.

impersonate any person or entity, including, but not limited to, a LCS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the LCS Services;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of LCS or any third party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purpose;

interfere or attempt to interfere with or disrupt the proper working of the Services or servers or networks connected to the LCS Services or any activities conducted on the Services;

harm minors in any way;

"stalk" or otherwise harass other users; and/or

collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

Questions & Contact Information

If you have any questions or comments regarding our policies and Terms please send an email to privacy@loudcloudsystems.com with the email subject as âTerms & Conditionsâ.